Grady v. Iacullo

Filing 12

ORDER: All proceedings in this matter are STAYED unless and until relief from the automatic stay in Bankruptcy Case No. 13-51001-cag is granted. The Scheduling Conference set for June 7, 2013 is VACATED. Plaintiff is ORDERED to file a status report in this case within ten days of any relief from stay in the bankruptcy case. By Magistrate Judge Kathleen M. Tafoya on 05/02/13. (alvsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–00624–RM–KMT

JAMES S. GRADY,
Plaintiff,
v.
SAMUEL IACULLO, aka “Shiznit88", “[e-mail]”, “siacullo”, ET AL,
Defendant.

ORDER

This matter is before the court on review of the “Notice of Suggestion of Bankruptcy”
filed February 14, 2012. (Doc. No. 10.) Defendant Samuel Iacullo has filed a Petition for
Bankruptcy pursuant to Chapter 7 of the United States Bankruptcy Code. Therefore, Sections
361 and 362 of the United States Bankruptcy Code apply with respect to the defendant and the
property of the defendant. Title 11 U.S.C. § 1520(a). Section 362(a) of the Bankruptcy Code
provides
Except as provided in subsection (b) of this section, a petition filed under section
301, 302, or 303 of this title, . . . operates as a stay, applicable to all entities, of (1)
the commencement or continuation, including the issuance or employment of
process, of a judicial, administrative, or other action or proceeding against the
debtor that was or could have been commenced before the commencement of the
case under this title, or to recover a claim against the debtor that arose before the
commencement of the case under this title.
***

(3) any act to obtain possession of property of the estate or of property from the
estate or to exercise control over property of the estate. . . .
Title 11 U.S.C. § 362(a). Accordingly, the bankruptcy filing precludes continuing this litigation
with respect to Defendant Samuel Iacullo.
It is therefore ORDERED that all proceedings in this matter are STAYED unless and
until relief from the automatic stay in Bankruptcy Case No. 13-51001-cag is granted. The
Scheduling Conference set for June 7, 2013 is VACATED.
Plaintiff is ORDERED to file a status report in this case within ten days of any relief
from stay in the bankruptcy case.
Dated this 2nd day of May, 2013.

2